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07/05/201207/05/2012 Jamaludin Yaakob 1


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At the end of the lecture students should acquire theseabilities:

To discuss the legal basis

To analyse the purpose

To examine the procedure

To explain the assessment of market value

To evaluate the validity

07/05/2012 Jamaludin Yaakob

LAND ACQUISITION

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Torrens System NLC 1965 land belongs tostate

Powers of disposal - alienation -reversion

Land state matter

Land development by Federal & State

State needs to acquire alienated land fromregistered proprietor of alienated land

Definition of land acquisition


LAND ACQUISITION

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Chiranjit Lal v. Union of India AIR 1951 SC 41

Acquisition means the acquiring of the entire

title of the expropriated owner, whatever thenature or extent of that title may be. The entire

bundle of rights which were vested in the originalholder would pass on acquisition to the acquirer

leaving nothing to the former.

At page 51


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Citizens view

strictly contrary to freedom of property in capitalist society.

Role/function of government welfare of society where

land is required to carry out this function land acquisitionbecomes necessary.

States view


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Legal Principle

Solus populi suprema lex

the public interest is paramount and that private interestmay in certain circumstances be subordinated to the higherinterest of the public.

Doctrine of eminent domainState of Bihar v. Kameshirar Singh

Yeap Seak Pen v. Government of Kelantan


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Legal Principle

The exercise of such power has been recognised in thejurisprudence of all civilised countries as conditioned bypublic necessity and payment of compensation.

Yeap Seak Pen v. Government of Kelantan


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Federal Constitution (Article 13)

Legal Principle

a. No person shall be deprived of property save inaccordance with law.

b. No law shall provide for compulsory acquisition or use

of property without adequate compensation.


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Charanjit Lal v. Union of India

Legal Principle

It is a right of every sovereign to take and appropriateprivate property belonging to individual citizens for publicuse. This right which is described as eminent domain inAmerican law, is like the power of taxation, an offspring ofpolitical necessity and it is supposed to be based upon animplied reservation by government that property acquiredby its citizens under its protection may be taken or its useis controlled for public benefit irrespective of the wishes ofthe owner.BK Mukherjee J.


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LAND ACQUISITION

Federal Constitution

National Land Code 1965

Land Acquisition Act 1960 (Rev. 1965)

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Public Purpose

Syed Omar al-Sagoff & Anor v. Government of the State of

Johore [1979] 1 MLJ 49

Purpose

Kulaisingam & Anor v. Commissioner of Lands, FederalTerritory & Anor [1982] 1 MLJ 204

Yeap Seok Pen v. Government of State of Kelantan [1982]

2 MLJ 202 Stamford Holdings Sdn. Bhd. V. Kerajaan Negeri Johor &

4 Ors. [1995] 2 AMR 1138


LAND ACQUISITION

Section 3 Land Acquisition Act 1960

More cases on Public Purpose

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1. Declarations of Acquisition

(sections 4,5 & 6 - Forms A & B)

PROCEDURE

2. Enquiry(section 9 - Form E)

3. Award (sections 14 & 16 - Forms G & H)

4. Taking Possession (section 22 - Form K)5. Payment (section 29)


LAND ACQUISITION

Note:Importance of Procedure

6. Reference to Court(section 36, 37, 3843)

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PROCEDURE


LAND ACQUISITION

Importance of Procedure

Article 13(1):

No person can be deprived of property except in accordancewith law.

Goh Seng Peow & Sons Realty v. CLR WP [1986] 2 MLJ

395

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PROCEDURE


LAND ACQUISITION


Section 4 - Form A

Preliminary Declaration (Declaration of Intention

It enables the State Authority to enter land and carryout investigation/inspection, survey, soil test, etc.

Section 5 - Form B

State Authority prepares Schedule of land affected bythe intended acquisition exercise.

Section 7 - Form C

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PROCEDURE


LAND ACQUISITION


Section 8 - Form D

Declaration of Acquisition

If investigation proves site suitable for purpose ofacquisition then State Authority issues Declaration ofAcquisition in Form D

Period between Form A and Form B 12 months

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PROCEDURE


LAND ACQUISITION

Significant of Form D

Market Value:

Notice of RDT:

o Form D is issued within 6 months of Form A marketvalue as at date of Form A

Form D is issued after 6 months of Form A marketvalue as date of Form D

Notice of acquisition endorse in RDT on date of Form D

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PROCEDURE


LAND ACQUISITION

Significant of Form D

Award

Acquisition exercise lapses:

within 2 years of Form D otherwise the declarationunder section 4 lapses.

Form D is issued after 12 months of Form A Acquisitionlapses.

Award not paid within 2 years of Form D

Conclusive Evidence [s.8(3)]:

Purpose of acquisition permits by the Act

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2. Enquiry

PROCEDURE

Purposes:

To investigate interested parties and their status withrespect to the land.

To hear claims or objections

To determine value of land prepare valuation report

To make awards

Section 11 -Form F

Notice requiring written answer


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Section 9 -Form E

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3. Award

PROCEDURE

Section 14- Form G:

Written award of compensation

Section 16 - Form H:

Notice of award and offer of compensation


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4. TAKING POSSESSION

PROCEDURE

Section 22 -Form K:

Notice that possession of land has been taken

Entry in Document of Title

Memorial in RTD Surrender of IDT


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Section 24 -Form L:

Notice to deliver IDT

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4. TAKING POSSESSION

PROCEDURE

Section 19 -Form I:

Certificate of Urgency


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Section 58 -Form Q:

Notice to occupy temporarily

Section 20 -Form J:

Notice to vacate building/land under certificate of urgency

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5. PAYMENT OF AWARD

PROCEDURE

Section 29(1) as soon as may be


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6. Reference to Court

PROCEDURE


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Section 36 - Form M : By Collector of Land Revenue

Section 38(1) - Form N : By Proprietor

Section 38(5) - Form O : By State Authority

Section 43 -Form P :Notice of Hearing

Section 56

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